Leasing - Verbal Agreements
Private Tenancy Agreements
Q. Do I need to give my tenant(s) a written agreement or is a verbal agreement alright?
A. Prior to December 2017 a verbal agreement may have been legally binding but we would always strongly recommended that a written agreement be put in place.
As of December 2017 all new tenancies must be a PRTA (Private Rented Tenancy Agreement)
Whilst a verbal agreement (pre-dating December 2017) is legally binding, in most cases a tenant without a written contract still has rights which are outlined in statute. Failure to have a written agreement could still result in a landlord being taken to a tribunal and without a well-constructed written tenancy in place, there is greater room for misinterpretation between a landlord and tenant and disputes further down the line, including the ability to issue tenants with a notice to quit.
Private Rented Tenancy Agreements were introduced by the Scottish Government to ensure that “The tenancy provides security, stability and predictability for tenants and appropriate safeguards for landlords, lenders and investors”
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